Statute
Sixth Amendment
421 published works
Sentencing Law and Policy
“Nickel and Dimed into Incarceration: Cash-Register Justice in the Criminal System”
Main September 15, 2016"Nickel and Dimed into Incarceration: Cash-Register Justice in the Criminal System"The title of this post is the title of this intriguing article authored by Laura Appleman now…
Sentencing Law and Policy
“The Value of Confrontation as a Felony Sentencing Right”
Main August 31, 2016"The Value of Confrontation as a Felony Sentencing Right"The title of this post is the title of this new paper authored by Shaakirrah Sanders now available via…
Sentencing Law and Policy
Unexpectedly(?), new post-Hursthydra head takes big bite out of Ohio capital case
Main June 24, 2016Unexpectedly(?), new post-Hurst hydra head takes big bite out of Ohio capital caseAs regularly readers know, in this post not long after the Supreme Court in Hurst…
Sentencing Law and Policy
“The Antidemocratic Sixth Amendment”
Main June 15, 2016"The Antidemocratic Sixth Amendment"The title of this post is the title of this intringuing new article about the right to counsel authored by Janet Moore and now…
Sentencing Law and Policy
Florida Supreme Court grapples with post-Hursthydra and state’s new capital punishment procedures
Main June 8, 2016Florida Supreme Court grapples with post-Hurst hydra and state's new capital punishment proceduresAs reported in this local article, headlined "Justices Try To Sort Out Death Penalty Law,"…
Sentencing Law and Policy
Making a friendly pitch for SCOTUS to consider constitutional limits on extreme judicial sentencing increase based on uncharged homicide
Main May 25, 2016Making a friendly pitch for SCOTUS to consider constitutional limits on extreme judicial sentencing increase based on uncharged homicideRegular readers know that I have long been troubled…
Civil Rights Law & Policy Blog
SCOTUS rules there’s no right to speedy sentence
SCOTUS ruled yesterday that convicted criminals' Sixth Amendment right to a speedy trial is not violated by lengthy sentencing delays. As The New York Times's Adam Liptak reports: The case, Betterman…
Sentencing Law and Policy
Can anyone forcefully assert that a major sentence enhancement based on acquitted conduct (or even uncharged conduct) is “fundamentally fair”?
Main May 19, 2016Can anyone forcefully assert that a major sentence enhancement based on acquitted conduct (or even uncharged conduct) is "fundamentally fair"?The question in the title of this post…
Sentencing Law and Policy
Two interesting intricate criminal justice rulings from SCOTUS (including a first-ever casebook cite inBetterman!)
Main May 19, 2016Two interesting intricate criminal justice rulings from SCOTUS (including a first-ever casebook cite in Betterman!)The Supreme Court release three opinions this morning, two of which are criminal…
Sentencing Law and Policy
An astute accounting of one view on how the post-Hursthydra in Florida ought to be slayed
Main May 7, 2016An astute accounting of one view on how the post-Hurst hydra in Florida ought to be slayedRegular readers know that, after the US Supreme Court in Hurst…